tom_1984

I received my K1 in March.. and I am flying out to the states (Texas) on June 4th.. we are getting married on August 8th.

Is this going to give me enough time to file for AOS after we get married? Can I just prepare all the AOS papers before the wedding and then send them off straight after we get married? The K1 expires Sept 18th. Dunno if that still applies after you're married though. Just wanted to make sure I'm not making things difficult for myself by not getting married sooner!

Tracym

It should be just fine. Sure, get the papers done ahead if you like and just send them off after you're married.

Congratulations btw.

ian-mstm

As long as you marry within 90 days of your entry to the US, there is no further requirement to file for adjustment within the validity period of the K-1. It's a good idea to file sooner than later, but there's nothing that says you must.

Ian

Ray

And no hanky panky until after August 8th ...

tom_1984

Thanks guys!

I figured I had lots of time.. just seems like a lot of people are getting married a week after they arrive!

ian-mstm

Just to clarify, the K-1 visa becomes invalid immediately after you enter the US. Your status as a K-1 beneficiary however, is valid until the *earlier* of: 1) 6 months from the date of issuance of the visa; or 2) 90 days after entry to the US.

If you enter the US on June 4, your K-1 status will expire on September 2 - 90 days from the day you enter the US.

Ian

Tracym

People want to get going with the EAD (work permission) generally, as it takes a few months after filing for adjustment of status.

tom_1984

Yeah, thats what I figured A month is more than enough time for me to file for AOS. So long as I prepare in advance. I've kinda got used to filling in these tiresome forms now :P

tom_1984

The EAD is another grey area I need to look into. I know you need permission to work, but I get the impression that if you have a SSN, and the employer is happy to give you a job, then you can get away with that. I mean, I thought it would be ok, since with a SSN you would be paying tax, right? And so long as you are married (done what you intended to do in terms of reasons for moving to the US), then you are really not doing anything wrong.

I've read something about a form you need to fill out which you can't do without the EAD, but I'm not sure if this is essential to gain employment. I don't want to break any rules, but I would like to get employed sooner rather than later!

Noorah101

The only requirement is to get married within 90 days. There is no requirement to file the AOS package within 90 days. Of course the sooner the better, though, so you can get your EAD and get in a pending AOS status.

When you apply for the marriage license, or when you get married, ask if they can do same-day service to give you your certified copy of the marriage certificate. Otherwise you have to wait for it in the mail. That is, if you are looking to file AOS that day or the day after.

Rene

Noorah101

Most employers will need to complete an I-9 form for their HR records. The I-9 is an "employment verification document". That's where you'll need your EAD in order to get hired.

Some smaller employers don't care about the I-9 so much. For example, if you just work for one guy in his personal business, he probably won't care to do an I-9 on you (although he should). A big company will definitely need to do an I-9, so you'll need an EAD for that.

The SSN is for tax purposes, you can get hired without having a SSN. Eventually the employer will need it, but if you have proof that you've applied for it, that's usually enough for an employer to hire you....along with you proof of work authorization (EAD).

Rene

tom_1984

Ok, so if I was to be employed by someone who wasn't bothered about the I-9, and had the SSN and paying tax, would that be ok or is it frowned upon by USCIS?

Noorah101

That would be OK.

EJ3

Congratulations on receiving your K1 visa tom, have a fantastic wedding

ian-mstm

D'oh... I hate it when I catch myself making an incorrect (or, at least, misleading) statement. The sentence above should read "if you enter the US within 3 months of receiving your visa, it is valid until the *earlier* of..." If you enter the US more than 3 months after issuance of the K-1 visa, it would be the *later* of...

For instance if someone was issued a K-1 visa on January 1... that visa would be valid until about July 1. If you entered the US on June 1, you would *still* have 90 days left as a valid K-1 beneficiary.

Ian